Land: CORK, In the Matter of the Estate of Henrietta MARTIN, Widow and Administratix for ALYMER RICHARD MARTIN, deceased, OWNER Ireland Genealogy Projects Archives Land Index Copyright Contributed by C. Hunt _________________________________________________________________________ In the Matter of the Estate of Henrietta MARTIN, Widow and Administratix for ALYMER RICHARD MARTIN, deceased, OWNER Ex-parte Hedges Eyre CHATTERTON, Petitioner In the Court of the Commissioners for Sale of Incumbered Estates in Ireland CITY OF CORK RENTAL AND DESCRIPTIVE PARTICULARS OF THE Dwelling house and Premises situate on Lavitt's Island, now South Mall, Parliament Street and Charlotte Quay in the City of Cork. Held for a term of 900 years from the 29th September, 1765, indemnified from Head Rent And of the Dwelling Houses, Offices, Store and Premises situate on the south Mall, and in Prince's Street in the City of Cork, Held for the term of 400 years from the 25th March, 1826, subject to a yearly rent of £52 10s. TO BE SOLD Pursuant to the Absolute order for sale in this matter, bearing date 24th Mar., 1852 at the Sale Rooms of Mr. Roger Bernard WVANS, 54 South Mall, Cork on Friday, 17th June, 1853. at exactly one o'clock then submitted to Commissioners Tuesday, 21st June, 1853 at 11 o'clock in the forenoon without further notice to any person. For Rentals and Particulars apply at the Office of the Commissioners, 14 Henrietta-street, Dublin; or to Abraham Thomas CHATTERTON, Solicitor, having the Carriage of the sale, 24 South Mall; BEAMISH & ARMSTRONG, Solicitors, 38 Lower Gardiner-street, Dublin; John BENNETT, Solicitor for the Receiver in the matter of WILLIAM v. MARTIN, 20 Academy Street, Cork; or to Henry Edward JONES, Solicitor for Mortgagees, 6 Charlotte Quay, Cork. ____________________________________________________________________________________________ RENTAL and PARTICULARS: Gale Days 25th March and 29th September LOTS DENOMINATIONS TENANTS' NAMES YEARLY RENTS LOT-1] Dwelling house on William HONOHAN £45 0s. 0d. the South side of the South Mall, and Parliament Street, formerly called Lavitt's Island NATURE OF TENANCY: [HONOHAN] Tenant from year to year, ending 29th September [Observations] This Lot is indemnified from Head Rent as stated in Conditions at foot -------- LOT-2] Dwelling house in John MOORE £24 0s. 0d. Parliament St. (No.1) formerly called 25th Mar-25th June-25th Sept-25th December Lavitt's Island NATURE OF TENANCY: [MOORE] Tenant from year to year, ending 29th September [Observations] As to Head Rent, see conditions at foot. This tenant is allowed all Minister's Money payable in respect of the premises out of his rent. -------- LOT-3] Dwelling house in Keane MAHONY £24 0s. od. Parliament St. (No.2) formerly called 25th Mar-25th June-25th Sept-25th December Lavitt's Island NATURE OF TENANCY: [MOORE] Tenant from year to year, ending 29th September [Observations] As to Head Rent, see conditions at foot. This tenant is to be allowed out of his rent Minister's Money paid by him. -------- LOT-4] Dwelling house in Timothy BUCKLEY £20 0s. 0d. Parliament St. (No.3) formerly called 25th Mar-29th Sept Lavitt's Island NATURE OF TENANCY: [BUCKLEY] Tenant from year to year, ending 25th March. [Observations] As to Head Rent, see conditions at foot. -------- LOT-5] Dwelling house in James CORBETT £38 0s. 0d. Parliament St. (No.4) 25th Mar-29th Sept which extends to Charlotte Quay formerly called Lavitt's Island NATURE OF TENANCY: [CORBETT] Tenant from year to year, ending 29th September. [Observations] As to Head Rent, see conditions at foot. This tenant is allowed to deduct from his rent all Rates payable in respect of the Premises. ____________________________________________________________________________________ PARTICULARS OF THE FOREGOING FIVE LOTS the foregoing five lots, in conjunction with other premises not now to be sold are held under a lease from Nathaniel LAVITT to John LAWTON, dated 30th October, 1765 for a term of 900 years, from 29th Sept. then last ay yearly rent of £100, and are indemnified against the payment of said £100 by deed dated 16th April, 1819, executed by all the parties under said lease to the party who then purchased the portion now to be sold, whereby certain portions of the demised premises were assigned as therein to indemnify the other premises demised by said lease from any portion of said Head rent. ____________________________________________________________________________________ CONDITIONS OF SALE AS TO SAME 1ST ... That inasmuch as the original lease is not forthcoming, the purchase shall not require production of it, but shall rest content with an attested copy of the Memorial thereof on record, nor shall they require the right of the Lessor to make same to be shown, nor object by reason of any incumbrance affecting his interest. 2ND ... That the largest purchaser in value of the foregoing Lots shall be entitled to the custody of the original Deed of indemnity dated 16th April, 1819 and each of the other purchasers shall have a compared and certified copy thereof, but that the largest purchaser as aforesaid shall covenant at the expense of the estate in such manner as the Commissioners shall direct for the production of the original deed. _________________________________________________________________________________________ RENTAL and PARTICULARS: Gale Days 25th March and 29th September LOT-6 DENOMINATIONS TENANTS' NAMES YEARLY RENTS 1] Dwelling house and Premises No. 56 UNOCCUPIED £45 0s. 0d. South Mall, NATURE OF TENANCY: [Unoccupied] [Observations] The rent paid by last occupying tenant is stated to indicate value. -------- 2] Dwelling house and Premises No. 55 Thomas Bolton JUSTICE £45 0s. 0d. South Mall, NATURE OF TENANCY: [JUSTICE] By lease dated 18th June, 1849 from Mrs. Henrietta MARTIN to tenant for 31 years. [Observations] One half years rent of this holding paid in advance to be allowed on termination of lease. -------- 3] OFFICES. No. 25 Untenanted £24 0s. 0d Prince's Street NATURE OF TENANCY: [Untenanted] [Observations] The rent paid by last tenant _______________________________________________________________________________________ RENTAL and PARTICULARS: Gale Days 25th March and 29th September LOT-7 DENOMINATIONS TENANTS' NAMES YEARLY RENTS 1] Shop and Store, No. 24 William CUMMING £25 0s. 0d Prince's Street 25th Mar-25th June-25th Sept-25th Dec. NATURE OF TENANCY: [CUMMING] Tenant from year to year, determinable 25th June, each year. [Observations] This tenant is allowed out of his rent here stated all Ministers Money chargeable on the premises. -------- 2] Offices,No. 24 George CROFTS £12 0s. 0d Prince's Street 25th Mar-25th June NATURE OF TENANCY: [CROFTS] Tenant from year to year, determinable 29th September. [Observations] This tenant is allowed out of his rent here stated all rates and taxes chargeable on the premises occupied by him. -------- 3] Offices, No. 24 Atwell Hayes £6 0s. 0d Prince's Street ALLEN NATURE OF TENANCY: [ALLEN] Tenant from year to year, determinable 29th September. [Observations] This tenant is allowed out of his rent here stated all rates and taxes chargeable on the premises in his occupation. -------- 3] Upper part of Unoccupied £20 0s. 0d House, No. 24 Prince's Street NATURE OF TENANCY: [Unoccupied] [Observations] The probable setting value as stated by Receiver is put down. Immediate possession will be given. _______________________________________________________________________________________________ PARTICULARS OF LOTS 6 AND 7 Both of the foregoing Lots are held under the same lease dated 25th April, 1836, from Robert LAW and Sarah, his wife to Nicholas William Kearns for 400 years from 25th March, 1826 at year rent £20 0s. 0d. The original lease is forthcoming. The said lease contains a covenant not to carry on, on said premises the business of Tallow Chandler, Soap, Butcher Blacksmith Nailer or any trade which may be a nuisance to the neighborhood, under penalty of £50. _____________________________________________________________________________________________ CONDITIONS OF SALE [Edited and condensed where possible] 1ST ...That the purchasers or purchaser of Lots 6 and 7 the purchase shall not require the Title of the Lessor in the lease of 25th April, 1836, nor the right of said Lessor to make the same to be shown nor object by reason of any incumbrance affecting his interest. 2nd ...The premises comprised in Lots 6 and 7 being subject to yearly rent £52 10s.payable there-out under the lease of 1836, shall be sold subject as between the Purchasers thereof to the following proportions of said rent - that is to say Lot 6 to £32 10s., per annum; and Lot 7 to £20 per annum. 3rd ...That the said lots shall mutually indemnify each other against the payment of rent apportioned on each. 4th ...That the purchaser of Lot 6 shall be entitled to the custody of the original lease of 25th April, 1836 and hat the purchaser of Lot 7 shall have a compared copy of it; and the purchaser of Lot 6 shall at the expense of the estate covenant in such manner as the Commissioners shall direct for the production of said original lease. ____________________________________________________________________________________ GENERAL DESCRIPTIVE PARTICULARS [Edited and condensed where possible] The several premises in the annexed rental stated are situated most advantageously in one of the best localities for business in the City of Cork, viz. South Mall, Parliament Street and Prince's Street. Suitable for gentlemen of both the Legal and Medical Profession. Parliament street is one of the principal entrances to the main part of the City from the Southern Liberties, making a great thoroughfare for the purposes of trade. Prince's Street is well adapted for business, and the portion of it in which the lots to be sold are situate, is immediately next to and adjoins the South Mall. _____________________________________________________________________________ Source: FHL# 0258795 Encumbered Estates - County Cork.